(
<<
TRANSCRIPT A HONG KONG SELECT COMMITTEE MEETING 22 MAR 89
20
MK LESTER (CONT):
It said that the laws currently in force in Hong Kong will
remain basically unchanged. But in Article 159 of the Draft Basic
Law it provides: "that the laws previously enforced in Hong Kong
shall be adopted as law of the region except for those which the
Standing Committee of the National People's Congress declare to be
Luconsistent with this law.
to you.
And
That really raises two questions which I would like to put
First of all, are the powers given to the Standing
Committee by this Article consistent with the legislative and
independent Judicial power provided by the Joint Declaration?
secundly, are the powers of interpretation of the law given to the
Standing Committee by Article 157 consistent with the promise of
final adjudication in the Joint Declaration?
FOREIGN SECRETARY:
Yes I think that it is important to look at the whole clutch
of Articles on this because you raise a very crucial point.
If you look at Article 19, that aims to ensure that the
courts in Hong Kong shall have the same jurisdiction as at
present. But that Article, as you will see, has not yet been
approved by the Drafting Committee because the drafting, in their
view, could be improved. That is one of the key starting points.
(KED OF TRANSCRIPT A, CONTINUED ON TRANSCRIPT B) NNNA